In the interest of clarity

DeMaio responds to ‘living wage’ controversy

The blogosphere, Twitter world and at least one online news outlet have been beside themselves of late over San Diego Councilman Carl DeMaio’s obfuscation over whether his ballot initiative to force outsourcing of city services and open up city contracting would also nullify the city’s 5-year-old “living wage” ordinance. The ordinance requires city contractors to pay employees above the minimum wage required by state and federal law. So when DeMaio came to brief the editorial board about his initiative last week, we asked him about its effect on the living wage ordinance.

QUESTION: Respond to the flap over whether it will or will not rescind living wage.

DEMAIO: First of all, this measure does not ban living wages. The marketplace sets wages. Anyone can pay anything they want to their employees. ... The living wage ordinance covers only a very small segment of San Diegans and all of those are individuals who work for the city government, either directly for or under contract with the city government. So in other words we’re not seeing equal pay for equal benefits. You’re seeing taxpayers subsidize a higher pay rate for the same work as they’re receiving on the outside. That’s just not a fair way to contract.

QUESTION: So will or will it not repeal the living wage ordinance?

DEMAIO: I’ve gotten two different opinions, two contrary opinions.

QUESTION: What was your intent?

DEMAIO: My intent was not to do anything with the living wage. My intent was to stop the (unions) from adding additional mandates. The lawyers said the best way to do that is to benchmark against something the council doesn’t control – federal and state law. The other thing was, I didn’t want the (unions) to say we were going to lose federal and state funding. So I said (to the lawyers), OK, put in there explicitly that if the federal government or state government requires it under a law or regulation, you can require it as well. ... I don’t want the city of San Diego to be at disadvantage in getting those dollars. ...

So when this argument on living wage came up, I was like, I don’t understand where they’re getting that from. ...

So, does it ban living wages? No. Does it create a level playing field? ... Yes. And that’s the intent.

QUESTION: But doesn’t that seem like a tacit ban on living wage? If in fact somebody submits a bid with a minimum wage that’s less than the living wage ...

DEMAIO: That would be permissible. ... That is what our lawyer argued, that the City Council can pass an ordinance that gives a bid preference to someone offering a living wage and that would be harmonious with our ballot measure.

QUESTION: So the council could take further action to reinstitute something akin to a living wage, but as things now stand if this took place there’s no requirement that the living wage obligation as it now exists in law be met?